Federal laws banning licensed gun dealers from selling their handguns to purchasers in other states have always been controversial. A person does not need to be a constitutional scholar to immediately recognize legal issues with such a trade restriction on Second Amendment-related items.
In pursuit of a judicial remedy, the Firearms Policy Coalition (FPC) filed a motion this week for summary judgment in Elite Precision Customs v. ATF.
There are clear constitutional issues with denying the right to conduct interstate handgun transactions
The advocacy group is steadfast in its assertion that the ban on interstate commerce is unconstitutional. FPC President Brandon Combs explained that the lawsuit is part of an ongoing effort to erase anti-gun statutes from the books.
“Just like we recently secured a summary judgment order striking down California’s unconstitutional ban on firearm carry by non-residents, we intend to end this similarly unconstitutional federal ban on firearm purchases by non-residents,” Combs declared.
Government lawyers struggled to find Founding Era laws that align with current federal statutes
The landmark U.S. Supreme Court Bruen decision three years ago established that modern gun control must have its basis in Founding Era laws and regulations.
This presents an often insurmountable hill to climb for anti-gunners in court, and the FPC filing is quick to point this out.
“Despite throwing at the wall a wide variety of regulations and restrictions on the right that existed between the early 17th century and the early 19th, the Government does not cite a single law that burdened the right of peaceable citizens to acquire arms in another state or colony in any way like the laws at issue here, or for anything approaching the same reasons,” the brief explained.
The plaintiffs believe that this fact by itself is enough for the court to grant the motion for summary judgment and reject the government’s move to dismiss.
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